قانون رقم (30) لسنة 2012 بشأن ضوابط الكیانات السیاسة

Law No. (30) of 2012 AD

on regulations for political entities

The Interim National Transitional Council

Upon review of:

• The Constitutional Declaration issued on 3 August 2011;
• The internal regulation of the Interim National Transitional Council;
• National Transitional Council Resolution No. (180) of 2011 on the establishment of a high committee in preparation for elections;
• Law No. (4) of 2012 on electing the General National Congress;
• Law No. (3) of 2012 on the High National Elections Commission;
• Law No. (24) of 2012 on the provisions of Libyan nationality;
• The decision made by the National Transitional Council in the session held on Tuesday, 2 Jumada al-Thani, 1433 AH corresponding to 24/04/2012 AD;

issued the following law:

Article (1)

According to this law, a political entity is a number of individuals organised in a gathering or coalition, joined by a political ideology, in order to participate in the General National Congress (GNC) elections and to assume the responsibility of governing through political representation in the process of peaceful rotation of power, as prescribed in the Constitutional Declaration, to ensure the legitimacy of elections in Libya.

Article (2)

In order for a political entity to participate in GNC elections, it must be certified by an authorised notary. The number of members belonging to a political entity shall be no less than one hundred. Political entities must obtain a negative certificate from the central administration of the High National Elections Commission (HNEC) stating that the name and symbol has not be granted to any other political entity.

Article (3)

All Libyan citizens shall be entitled to establish political entities and shall enjoy the freedom to join any of them according to their will, without obligation or mandate according to the following terms:

1. Be at least eighteen years of age.
2. Enjoy civil and political rights.
3. Not be convicted of any felony or misdemeanour of moral turpitude.
4. Not belong to military or civil statutory bodies or be a member of judicial bodies.
5. Not belong to any other political entity.

Article (4)

All political entities shall be equal before the law and undertake their work and activity and execute their programs openly and by peaceful means.

Article (5)

The activity of political entities shall be conducted with domestic funding, and they shall be prohibited from accepting funding from foreign sources and bodies, regardless of the type or sources of such funding. Political entities shall declare the sources of their funding.

Article (6)

Political entities may not be established on tribal, regional, racial, or linguistic bases. The principles, goals, and programs of these political entities shall not contradict the texts of the Constitutional Declaration.

Article (7)

Political entities may not be extensions or branches of foreign political entities or linked thereto organisationally.

Article (8)

Political entities are prohibited from establishing military or paramilitary formations, assisting such formations, or contributing to the establishment thereof.

Article (9)

Political entities are prohibited from using violence in any form, hinting at using it, threatening it, or inciting it. Political entities are prohibited from including in their programs, publications, and bulletins any of the aforementioned.

Article (10)

Procedures for authorising political entities shall be submitted to the committees of main electoral districts and shall be decided on over a period of two days. After this deadline has passed without a decision, authorisation shall be granted automatically.

Complaints regarding the decisions of the committees mentioned in Paragraph (1) shall be filed before the court of summary jurisdiction in whose jurisdiction the political entity is located within forty-eight hours of the issuance of the decision. A decision shall be reached within forty-eight hours, and the issued decision shall be appealed by way of a complaint submitted to the court of first instance within forty-eight hours. A final decision shall be rendered within seventy-two hours of the date of its submission.

Complaint and appeal procedures shall be exempted from judicial fees.

Article (11)

This resolution shall enter into force on its date of issuance and shall be published in the Official Gazette. The concerned bodies shall execute it.

Interim National Transitional Council - Libya

Issued in Tripoli

On Tuesday, 2 Jumada al-Thani 1433 AH

Corresponding to 24/04/2012 AD